DUI Offense

California has two basic driving under the influence laws, found in Vehicle Code Section 23152, sections (a) and (b):

• 23152(a): It is a misdemeanor to drive under the influence of alcohol and/or drugs.
• 23152(b): It is a misdemeanor to drive with .08% or more of alcohol in your blood.

Vehicle Code Section 23153 describes the felony DUI provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe vehicular manslaughter [link to http://www.dmv.ca.gov/pubs/vctop/d11_5/vc23620.htm] where there is a death.

You have legal rights that many police officers often disregard.

• To stop, detain, and arrest you, there must be legally sufficient facts to establish probable cause.
• Submission to field sobriety testing and portable field breath analysis is not required by law.
• If you are arrested, the police must state your constitutional rights - Miranda warning - before any questioning starts.
• You must be given a choice of breath or blood testing - and if refused you must be advised of the implied consent.
• If a breath test is administered at the police station, a blood sample must also be taken so that there is evidence saved for later testing by a defense attorney.

Keep in mind that most forms of breath analysis are non-specific for alcohol - they measure different chemical compounds and falsely report them as alcohol.

Our attorneys solely specialize in traffic and DUI laws and have years of study and daily experiences that give them the ability to creatively and successfully defend our clients. If you have a DUI-related legal issue, come to The Law Office of Payman Zargari because we know DUI laws.